...John Sullivan CJS/220 Date: 1/24/2014 Assignment Week 9 Instructor: Deborah Difalco Appeals Process Paper In our criminal justice system we have many different kinds of processes. We can feel and see the frustration and drama that people suffer when they are associated with someone that is on trial or are part of the trial. “When finding of guilt in a trial court may raise legal issues that are reviewable by an appeals court.”( Meyer and Grant. 2003. Pp.465) An appeal is “a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect” (Merriam-Webster, 1996). Also one of their ways of putting the appeal is also a defendants way to be able to challenge and for them to re-look at the their court decision. In our criminal justice system it is extremely important for the existence of an appeal, the process is part of the system of checks and balances. When you think about an appeal you can consider it an advantage because it is the way that cases that have been charged and chose a sentence to be reviewed. It is the way where the person who acts in a crime will have their chance one more time to try to make changes regarding their official charge. The court will review the decision of the government officials, the executive branch and lower courts with the power of judicial review. “This power allows the U.S. Supreme Court and the supreme...
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...The court system is one of many processes; one of such processes is the appeal process. An appeals place in the procedure and process of the justice system occur post trial and conviction. An appeal cannot take place until a conviction and sentencing is finalized. An appeal is a legal proceeding by which a case is brought before a higher court for the re-examination of the procedure or decision of a lower court. (Dictionary, 2015) In layman’s terms it is a way to challenge the court’s decision. An appeal in a case may be undertaken by either or both sides; the defendant or prosecution may both have to option to appeal a decision. An appeal does not re-examine the evidence or testimonies involved in the previous decision but instead re-examines the process involved in the previous decision; if interrogation tactics, searches and seizures, and trial procedures are constitutional or not. There are three types of appeals within the appeals process. The direct appeal, also known as an appeal of right, happens when the penalty for the errors made at trial were so big that the appellate court is mandated to review the case. The discretionary appeal is filed when there is a legal ground to show that specific errors were made in a case where the laws were not applied to the case properly. Interlocutory appeals are filed when a judge’s decision hinders the progress of a case being tried and to wait until the end of the trial would hurt the case if allowed to go until the end. In the...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...personalities, actions, trends, political correctness, and the moral aptitudes or ineptitudes of society influence the creation of governing laws? Do you think laws are a reflection of society or society is a reflection of laws? Explain your answers. CJS 220 Due Process Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system. CJS 220 Final Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following: · What is an appeal? · How do appeals factor into the overall criminal procedures and processes? · How can we improve the appeals process? Include at least one example of a real-world case that went through the appeals process. Explain why this appeal did or did not succeed. Format your paper and resource consistent with APA guidelines. CJS 220 Final 1 In this file of CJS 220 Final 1 you will find the next information: Write a 1500-1700 words paper on Fiction Versus Reality. CJS 220 Final 2 In this document of CJS 220 Final 2 you will find the next information: Write a 1050-1500 words paper on Fiction Versus Reality. CJS 220 Law Opinion...
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...Running Head: THE PROCESS AND PREVENTING THE RISK OF A TAX AUDIT 1 The Process and Preventing the Risk of a Tax Audit By Marivic Engquist National American University August 12, 2012 THE PROCESS AND PREVENTING THE RISK OF A TAX AUDIT 2 Abstract This paper illustrates how an Internal Revenue Service (IRS) audit strikes fears in individuals, small businesses and large corporations. By understanding the process of a tax audit and reporting information that is understandable, people can lesson some of the risk. According to Sidney Weisman, an attorney and senior editor with the Research Institute of America, publisher of tax materials for professionals, “the easiest way to survive a tax examination is to prepare for one at the time you fill out the tax return” (Rankin, 1981, p. 2.29). THE PROCESS AND PREVENTING THE RISK OF A TAX AUDIT 3 The Process of Lessoning the Risk of a Tax Audit The tax audit have been feared by many and embraced by the few. Even though there are ways to reduce the likelihood of an audit, one must understand how the audit process works. If selected, a tax audit usually means corresponding with the IRS, searching through files, and producing records. It can also mean paying additional taxes, interest, or a penalty. Reducing the likelihood of an audit...
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...Judicial Review: proposals for reform December 2012 Consultation Paper CP25/2012 Consultation start date: 13 December 2012 Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim...
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...both of these application requirements by March 2, 2015*: 1. Submitted a 2015-16 Free Application for Federal Student Aid (FAFSA) or a 2015-16 California Dream Act Application. 2. Ensured that a certified Grade Point Average (GPA) was submitted to the California Student Aid Commission (Commission). The Commission will not process any GPAs that may have been submitted in prior years. In order for a student to be considered for a 2015-2016 Cal Grant award, a new GPA form must be received by the Commission by the stated deadline. The March 2, 2015, Cal Grant filing deadline has passed. The next filing deadline, for community college students only, is September 2, 2015 (see below). If circumstances beyond your control prevented the submission of your March 2 Cal Grant GPA, you may file an appeal according to the following instructions. Filing a March 2 Late GPA Appeal State law and Commission regulations allow students to file appeals if they were not able to submit their GPA on-time due to circumstances beyond their control. Students wishing to file an appeal to submit a late March 2 GPA must follow the instructions on the form below. All late GPA appeals and the calculated GPA must be submitted using this form and must be received by the Commission: 1. For High School Entitlement Cal Grant candidates who have or will graduate high school (or achieve the equivalent) after July 1, 2013, or Transfer Entitlement Cal Grant candidates who are planning to transfer from a California...
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...Appeals Process Paper Patricia Velez University Of Phoenix Punishment Philosophies An appeal is an application or request made by a losing party in a court case to a higher court seeking a reversal of a lower court’s ruling in the case. In trials by federal courts, the losing party is entitled to a chance to make a plea to the court of appeal, whereby either party may be against the decision in a civil case while only the defendant has the chance to make a petition whereby a criminal case is concerned. Most appeal cases are picked for a session of oral arguments by both parties before the court. This oral claim takes the form of a structured discussion conducted between appellate lawyers and judges of the court focusing on legal principles involved in the dispute. Ideally, both sides are allocated a small amount of time during which they present their opinions before the court. In most circumstances, appeals are final, and the decision made by the court of appeals ate taken as the final word except when it refers the case back to trial courts or whereby the Supreme Court is involved (Barendrecht, Bolt, & Hoon, 2010). Appeals factor in criminal procedures and overall trial processes in different ways depending on the structure and principals of the legal system involved. Ideally, the appeal process is upheld for its benefits for the conflicting parties, the system of public justice, as well as the future users of...
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...reflecting. The writing learning outcome included creating an effective and flexible writing process to evaluate various rhetorical situations. The reading learning outcome included reading complex sources from a variety of Medias to also evaluate rhetorical situations. The researching learning outcome included searching for print and electronic sources and imply their information to ideas and integrate them into the writing projects. The reflecting learning outcome required me to look back at previous works and decide what changes can be made and how future works will be improved. This English course successfully improved my...
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...Legal Process Paper Kristen Cohen MGT/434 – Employment Law » Due June 22, 2015 Brian La Hargoue Legal Process Paper As John is an employee in the private sector, if he wanted to file a discrimination complaint against his employer, there would be specific procedures that he would need to take to complete this process of filing a complaint, the civil litigation process and the steps that would need to be taken to file this complaint. In this situation, John would have to begin the civil litigation process by contacting the Equal Employment Opportunity Commission (EEOC). This is a commission that helps employers and employees proceed with their complaints when they filed and issued. John will have to file an administrative complaint with either the Federal EEOC or a State agency that the EEOC works with in prosecuting charges of discrimination. It is stated by the EEOC that any individual that feels that their employment rights have been violated can file a charge of discrimination (EEOC, 2006). A discrimination complaint can be filed if the person believes they have been discriminated against race, gender, color, religion, or national origin. The complaint would be in regards to hiring, firing, training, discipline, compensation, benefits or other terms and conditions of employment (EEOC, 2006). Once the official complaint has been filed the EEOC will first notify the employer who the complaint has been made against and they will be served with papers of...
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...Role and Functions of Law Paper Shante’ Simms ETH/321 May 11, 2015 University of Phoenix Role and Functions of Law Paper Federal courts and Florida state courts systems are similar in some ways, but also very different in many ways. Both systems function with specific process of order, and a chain of command to adhere to. Neither the Federal Court nor Florida Court has seniority over the Constitutional Laws that our Country has in place. Federal Vs Florida The federal courts consist of a three part structure that combines the Supreme Courts, the Courts of Appeal, and the District Courts. The Supreme Court is the highest level court in the federal court system, with nine justices ("Florida Supreme Court ", n.d.). The Supreme Court’s original jurisdiction is limited over some cases, but appeals jurisdiction through certiorari process. The Courts of Appeal is considered the medium level courts in the federal system, including twelve regional circuit courts. The Courts of Appeal is specifically appellate court and does not have an original jurisdiction because of that. The District Courts are the lowest level courts in the federal system, combining a total of ninety four judicial districts over fifty states and territories. These lower level courts have no appellate jurisdiction, but have original jurisdiction over most cases. The Supreme Court is the highest level court for Florida as well, only containing seven justices. The Supreme...
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...Student Number |__|__|__|__|__|__|__|__| Family Name This exam paper must not be removed from the venue ____________________ _____________________ First Name _____________________ School of Business SAMPLE EXAMINATION Summer Semester SAMPLE Final Examinations, 2015 ADVT7508 Fundamentals of Advertising This paper is for St Lucia Campus students. Examination Duration: 120 minutes Reading Time: 10 minutes Exam Conditions: For Examiner Use Only Question Mark This is a Closed Book Examination - no materials permitted During reading time - write only on the rough paper provided This examination paper will be released to the Library Materials Permitted In The Exam Venue: (No electronic aids are permitted e.g. laptops, phones) none Materials To Be Supplied To Students: 1 x 14 Page Answer Booklet This is a Central Examination 1 x Multiple Choice Answer Sheet Rough Paper Instructions To Students: Additional exam materials (eg. answer booklets, rough paper) will be provided upon request. Page 1 of 8 Total ...
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...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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...Many of the benefits and costs associated with the death penalty cannot easily be quantified. The deterrence theory is arguably one of the main benefits of the death penalty. However, the results of that theory are murky and mixed, at best. There is a slight marginal benefit in reducing the overcrowding in prisons. However, when that benefit is measured again the entire judicial process, it is largely insignificant. The nonuse values linked to supporter's willingness to pay may be relatively great. The costs of the death penalty are quantified in more detail. The investigation, attorney preparation, trial, appeals process, and the actual execution of a capital case exceed the costs associated with a life imprisonment murder case. A Florida study revealed that the state spends six times as much money on a single capital case as it would to imprison a defendant until he dies (Von Drehle 1988a). False positives and nonuse values also increase the cost of capital punishment by some indefinite...
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...Appeals Process CJS 220 Axia University October 23, 2011 Ann Meek Appeals Process A defendant is normally sentenced after a court proceeding when they are found guilty. Courts are in place to get the facts and deciding the best course to take in each situation. An appeal is a proceeding where a case that was previously tried in a lower court system. A petition is entered to a higher court to review the lower court’s decision and to see if the legal procedures were correctly followed. (Meyer & Grant, 2003). The appeal process is time consuming and very lengthy. The appeal process request that the high court over turns the lower court’s ruling and they have to take all the information into consideration and make sure that every aspect of the previous trial was don’t legally. The appeal process normally happens when the defense or the prosecution is not happy with the lower courts verdict and sentencing. Since an appeal is not a new trial but a different way for the defendant to have evidence and material heard that might change the verdict. After a verdict and sentencing, the offender has a time frame to file for an appeal. The proper paper work, the court transcripts, and any other physical evidence that was used during the trial. (Meyer & Grant. 2003). Trial courts decisions are binding only on the parties to a particular case, and an appellate court decision serves as precedent that is legally binding on all lower courts within its jurisdiction...
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